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Ms. Decker continued that if the Commission denied the appeal and upheld the Zoning Administrator's decision, the Commission would be approving the grading, the pool, and the retaining wall. She added that the Commission may also modify the conditions of approval of the Zoning Administrator's approval if it so desired. Chair Blank inquired if there is a prima facie evidence that the pool has been agreed to in its current state by both the appellants and the applicant. Mr. Dolan replied that was correct. Commissioner Pearce inquired if, should the Commission uphold the Zoning Administrator's decision and deny the appeal, the Commission could go back and modify the Conditions of Approval as it sees fit. Ms. Decker replied that was correct. Chair Blank inquired if the Commission could also modify the conditions should it overturn the Zoning Administrator's decision. Mr. Roush replied that the Commission would be modifying the Zoning Administrator's decision and allowing something to go forward as the Commission would craft it, as opposed to approving it, which would be status quo. He added that the Commission could also deny it, which would mean that the backyard would have to be returned back to what it was before the grading occurred, replanting trees, and so forth. Commissioner Fox inquired if the Commission could uphold the appeal, put recommended conditions on it such as retaining the pool, and then forward the matter to the City Council. Mr. Roush replied that if the Commission's decision were not acceptable to the appellant, it would most likely be appealed to the City Council. He added that hopefully, the Commission will craft a decision that everyone will be happy with, and it will not have to go to the City Council. Commissioner Fox inquired if, since the original approval indicated that the re-grading of the particular tract requires City Council approval, the Commission would not want this go to the City Council and follow the original wishes of the Council She stated that she believed that if the Council wanted to review all re-grading, plans, it should do so even if the parties are in agreement. Mr. Roush stated that it is within the Commission's discretion to recommend that this matter go on to the City Council for approval, consistent with the elusive condition for which staff has not been able to find the specifics but is referenced in a resolution. Chair Blank called fora 10-minute break at 9:05 p.m. and thereafter reconvened the regular meeting at 9:15 p.m. Chair Blank stated that the Commissioners have not discussed the matter amongst themselves and asked for discussion on the matter. Commissioner O'Connor stated that he believes he has heard the issues from both sides and knows what the people would want but that he is trying to come up with a PLANNING COMMISSION MINUTES, September 10, 2008 Page 24 of 33